Delta County board sets drain commissioner pay, relinquishes dump trailer rights and rules on FOIA appeals

The Delta County Board of Commissioners on July 1, 2025 in the Delta County Service Center approved an annual stipend and expense allowances for the county drain commissioner, rescinded an earlier unresolved action and relinquished any county claim to a disputed dump trailer, confirmed multiple appointments and organizational resolutions, and ruled on two FOIA appeals.

The board voted to designate a $3,000 annual stipend (no benefits) for the drain commissioner, authorize up to $4,200 for travel and lodging, $900 for dues and registrations, and a parks commission per diem amount shown in the record; the board said the funding would be supported by interest revenue above budgeted amounts. The board also voted to rescind a prior motion about sale of county equipment and to relinquish any county rights in a dump trailer that had been the subject of a long-running dispute involving the Delta Conservation District and private parties. Separately the board approved routine financial and administrative items including paying $1,440,892.35 in claims, adopting the UPCAP annual implementation plan for aging services, approving a memorandum of agreement for a juvenile-division caseworker in probate court, appointing Todd Kangas and Emily DeSalvo to multiple bodies, and taking FOIA-related procedural actions.

Why it matters: the drain-commissioner compensation change converts a token stipend into a modest salaried arrangement and creates an explicit budget line for travel and training; the dump-trailer decision closes a contested property matter that commissioners said had been the subject of litigation and mediation; and the FOIA rulings clarify the county—s position on specific disclosure requests.

Most important votes and motions

- Drain commissioner compensation: After discussion comparing other counties, the board moved to "designate the annual salary of $3,000 with no benefits up to $4,200 for traveling and lodging, dollars 900 for dues and registrations, dollars $2.40 for park commission per diem to be prorated and financially supported by that interest revenue that is over the budgeted amount as recommended by finance." The motion was supported and approved by voice vote. Discussion included staff explanation that the position averages approximately 12–16 hours per week and that the county will require travel pre-notification and mileage reporting; commissioners noted the amount was an allowance rather than a guaranteed spending target.

- Dump trailer: The board rescinded an earlier December 19, 2023 motion and then voted to "relinquish all rights to the dump trailer" after hearing multiple speakers from the Delta Conservation District and a longtime local park volunteer/owner who described the history and mediation settlement. Commissioners described the record as complex; conservation-district representatives and the buyer discussed prior payments, mediation outcomes and where funds had been deposited. The board recorded the motion as passed by voice vote.

- FOIA appeals and extensions: The board considered multiple FOIA matters. On one appeal (identified in the public record and discussed by caller Joseph Perota), the board upheld a denial on the ground that the requester had asked the prosecutor's office to create a new record. On another appeal (FOIA appeal 25-519 as listed on the agenda), the board approved a 10-day extension to gather data and separately instructed the administrator to consult MMRMA's FOIA/legal specialists.

Other actions (approved)

- Payment of claims: The board approved payment of claims totaling $1,440,892.35 (roll call recorded in meeting minutes).

- UPCAP annual implementation plan (UP Area Agency on Aging): The board adopted a resolution supporting UPCAP's FY23–26 plan for spending Older Americans Act/aging dollars and forwarded that resolution for MDHHS approval.

- Letter of agreement, Probate Court juvenile-division caseworker: The board approved a signed letter of agreement updating a juvenile-division caseworker job description and increasing hours (from 40 to 45) as negotiated with the union; staff reported the change will result in net savings because a vacant position was not refilled.

- Personnel moves: The board approved internal personnel movement in the probation office (noted start date) and appointed Emily DeSalvo to multiple county representative roles effective 06/23/25 (Central Dispatch Authority, Superior Trade Zone alternate, Superior Watershed Partnership liaison, remonumentation grant administrator, MMRMA county member representative, and FOIA coordinator).

- Appointment: The board appointed Todd Kangas to the Central UP Materials Management Planning Committee.

Summary of substantive discussion

- Drain commissioner: Public commenters and commissioners debated the scope of the drain commissioner role in Delta County, noting the county currently has no drainage districts and that some statutory provisions predate modern electronic meetings. A public commenter and commissioners discussed frequency of mandatory meetings, allowable travel, whether an office must be provided under state statute, the part-time hours reported by the commissioner (staff said the commissioner reported roughly 12–16 hours per week), and the request for a GIS layer of drains. The county—s motion frames the compensation as a salary plus an allowance for travel and dues; staff said monthly mileage and travel will be tracked and adjusted if necessary during the next budget cycle.

- Dump trailer dispute: Commissioners heard statements from conservation-district representatives and a longtime park volunteer/owner who said mediation and payments had occurred and gave differing accounts of whether and when county funds were repaid. Conservation-district speakers said the district controlled the equipment and negotiated settlement terms during litigation and mediation; one speaker said the matter is under separate investigation by the Michigan attorney general's office. Commissioners chose to rescind the earlier unresolved motion and relinquish any county claim to the trailer.

- FOIA points of law and procedure: Caller Joseph Perota cited specific Michigan FOIA statutory provisions and argued the county—s denial was improper because certain materials were referenced in a police report and therefore existed. At the meeting the board ruled, in one case, that the requester was effectively asking the prosecutor to create a new record and upheld denial; in the other FOIA matter the board approved an extension to collect records and asked for outside legal review.

What the board directed staff to do

- Track drain-commissioner travel and mileage via monthly forms to provide data for future budget decisions. - Post contact information and office hours online and in county offices as appropriate to meet public-access needs. - Consult MMRMA legal specialists on the FOIA appeal noted on the agenda.

Ending

The board handled a mix of personnel, administrative and policy items and concluded the meeting with routine scheduling. The next regular board meeting is scheduled for July 15, 2025 at 5:15 p.m. in the Conference Room at the Delta County Service Center.